Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

A person is involved in a car accident, caused by the fault of another and injures their lumbar spine. Before the injured party has concluded their medical treatment they are involved in a second car accident where another injury occurs to their lumbar spine. The physician, who treats each injury, is unable to determine which accident caused what percentage of disability to the injured party’s spine.

The issue that comes up in this fact pattern is; how does a person get compensated for a permanent injury that was the result of one or more accidents? In other words, if the total disability to the lumbar spine is 20%, who is responsible for all and/or part of that percentage when the treating orthopedic doctor cannot attribute what the percentage of permanent disability was caused by which accident.

Connecticut has an apportionment statute, C.G.S. § 52-572(h), so the question is whether a jury can be called upon to apportion damages among multiple defendants in multiple accidents that have caused the same or similar injuries to the plaintiff.

The CT Appellate Court addressed this issue in the case of Card v. State. In Card, the plaintiff was injured in three separate accidents that occurred within seven months of each other. A lawsuit was filed as to each of the three defendants. The Plaintiff treated with the same doctor for each of
the three injuries.

At trial, the Plaintiff’s physician testified that each of the three accidents was a substantial factor in contributing to the Plaintiff’s injuries but it was impossible to determine to a reasonable degree of medical certainty how much of the total disability was attributable to each accident. The doctor ultimately testified that each of the three accidents contributed equally to the permanent disability suffered by the Plaintiff.

The verdict was appealed and the CT Appellate Court indicated that the trial court should not have allowed the doctor’s testimony into evidence because it was speculative and therefore inadmissible. However,
the Appellate Court also held that the Court should not have granted the Defendant’s motion to set aside the verdict obtained by the plaintiff in the trial court.

The Appellate Court went on to state, in analyzing our apportionment statute, 52-572(h), that in the rare case where damages cannot be
apportioned between two or more accidents, the plaintiff who can prove
causation should not be left without a remedy. One response to situations in which a jury is unable to make even a rough approximation of damages, is to apportion them equally among the various accidents.

The Card Court held that if the jury could not make even a
rough approximation, in each case, the jury must apportion the damages equally among each party whose negligent actions caused injury to the plaintiff, including settled or released persons as contemplated by the apportionment statute.

So if you receive injuries to the same or similar body
part(s), in multiple accidents, and your doctor cannot apportion the injury as to each accident, you can still receive compensation.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

When you are seriously injured in a Stamford Connecticu sppedng accident you have so many questions. Do you speak to the insurance company of the at fault driver? How do you investigate the Stamford Connecticut speeding accident? Who will interview the witnesses? How are all of your bills going to be paid? Who will pay you while you are out of work?

These are all important questions that need immediate answers. Don’t delay in getting the answers you need. Call us today.

Establishing a violation of Connecticut case law or common law or a Connecticut General Statute or statutory laws can prove determining fault in a Connencticut motor vehicle accident. How people are to operate a motor vehicle are set forth in article 14 of the general statutes. One such section might you able to prove a violation of could be speeding , which states:

Sec. 14-219. Speeding. (a) No person shall operate any motor vehicle (1) upon any highway, road or any parking area for ten cars or more, at such a rate of speed as to endanger the life of any occupant of such motor vehicle, but not the life of any other person than such an occupant; or (2) at a rate of speed greater than fifty-five miles per hour upon any highway other than a highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection; (3) at a rate of speed greater than sixty-five miles per hour upon any highway specified in subsection (b) of section 14-218a for which a speed limit has been established in accordance with the provisions of said subsection; or (4) if such person is under eighteen years of age, upon any highway or road for which a speed limit of less than sixty-five miles per hour has been established in accordance with subsection (a) of section 14-218a, at a rate of speed twenty miles per hour or more above such speed limit.

Our Stamford Connecticut speeding accident and injury lawyers answer client calls and emails promptly so you can get answers to your important Stamford Connecticut speeding accident questions. You can rest assured that your case will get the attention it deserves. We have office locations throughout the State of Connecticut. If you are unable to come to us, we will gladly come to you whether at the hospital, your home or any other location you designate. Also, many answers to your Stamford Connecticut speeding accident questions can be answered by downloading copy of our FREE book “The Crash Course on Personal Injury Claims in Connecticut”. You can also call us free at (888) 842-8466 or visit us online at www.hcwlaw.com. You can even tell us about your case online and we will contact you. Let us worry about your case, so you can concentrate on getting better.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

After being involved in a Bridgeport CT Car Accident case you experience a great deal of pain, you are tremendously concerned about what to do and you are scared and anxious about how you will be properly compensated for your losses. These concerns are very common and very real. We are here to help you through this very difficult time.

The first issue that must be proven in a personal injury case is
liability. In other words, you must first show that someone else cause or is responsible for the accident which result in the injuries and damages suffered by the plaintiff. One way that you can establish liability is by proving first that the defendant violated one of the Connecticut General Statues related to fault. One of the statutory sections you might be able to prove was violated by the defendant is:

Sec. 14-222. Reckless driving. (a) No person shall operate any motor vehicle upon any public highway of the state, or any road of any specially chartered municipal association or of any district organized under the provisions of chapter 105, a purpose of which is the construction and maintenance of roads and sidewalks, or in any parking area for ten cars or more or upon any private road on which a speed limit has been established in accordance with the provisions of section 14-218a or upon any school property recklessly, having regard to the width, traffic and use of such highway, road, school property or parking area, the intersection of streets and the weather conditions. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at such a rate of speed as to endanger the life of any person other than the operator of such motor vehicle, or the operation, downgrade, upon any highway, of any motor vehicle with a commercial registration with the clutch or gears disengaged, or the operation knowingly of a motor vehicle with defective mechanism, shall constitute a violation of the provisions of this section. The operation of a motor vehicle upon any such highway, road or parking area for ten cars or more at a rate of speed greater than eighty-five miles per hour shall constitute a violation of the provisions of this section.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

A common cause of winter motor vehicle accidents is a condition known as “black ice.” Black ice is a coating or a glaze that forms on roadway surfaces, sidewalks and driveways generally due to freezing rain or because of the melting and refreezing of snow or ice. It is commonly called black ice because it is clear and looks like the black surface which it covers.

Black ice forms without creating bubbles or the white sheen that is seen on most ice covered surfaces. Black ice is very dangerous because it is very hard to detect until you are right on top of it. Black ice usually forms when the temperature is just around the freezing point. Black ice can also form on roadways due to the heat of the tires which causes the ice to melt and then refreeze.

Black ice can be especially dangerous to the new or inexperienced driver so it is important to review a number of safety tips to help avoid these winter driving accidents.

An important consideration is to understand when and where black ice forms. Generally, black ice will form in the early morning hours or at night when the temperature drops or when the sun is not out to warm the roads. It can also be commonly found on roads that do not get much sunshine because the sun is blocked by trees or other objects. It can also be found more frequently on surfaces that are less traveled upon.

These slippery surfaces are more common on overpasses and bridges because cold air is able to pass over and under these roadways causing them to freeze faster. The roads located under bridges and overpasses also tend to freeze quicker because they are shielded from the sun. So if you are driving during these times or on these types of roadways be especially careful and always be prepared for the possibility of encountering black ice.

Although black ice is clear, so it can be very difficult to see under most driving situations, it can be easier to see under certain lighting conditions or if you are looking for it. Most times, black ice is very smooth and very glossy so the roadway without black ice will appear a dull black color. If the roadway looks shiny then you are probably about to drive over black ice. Another indication is if you suddenly see cars sliding, skidding or swerving for no apparent reason then black ice is probably present on the road. Although you will not always be able to detect black ice it is helpful to be on the lookout for it and to constantly assess the roadways you are on and what lies ahead.

One of the best ways to prepare a newly licensed or inexperienced driver to for these driving conditions is to practice driving on ice, in a controlled and safe environment, like a large empty parking lot, with an experienced driver. Practice braking and steering on ice to get a feel for how the vehicle reacts. Allow the new driver to get a feeling of how the car reacts and practice safe and defensive driving techniques. Be sure to teach, review and practice a number of safety tips such as:

In driving on black ice it is best not to panic or hit the brakes and do not turn suddenly to one side or the other. Generally, you should do as little as possible and just allow the vehicle to safely pass over the slippery surface;

If you feel the back of your vehicle sliding out to the left or right, gently and slowly turn the steering wheel in the same direction. If you try and turn your vehicle in the opposite direction then you run the very real risk of spinning out of control and getting into an accident;

Once you realize you are about to go over or on black ice take your foot off of the gas pedal and keep your steering wheel, whenever possible, in the same direction it is in when you entered the icy surface;

If you are driving a vehicle with a standard transmission, and it is safe to do so, downshift as the lower gears will give you more control;

If you are able to steer to an area that is not covered in black ice or is sanded, and it is safe to do so, slowly go to that area;

Realize that black ice is patchy so you should hopefully find better traction shortly;

If you skid and are going to go off of the road try and steer towards something that will cause the least amount of damage possible like an empty area; and

After you have had your black ice encounter stay calm and if you must continue driving do so very cautiously. Flash your lights to warn oncoming traffic of the hazard they are about to encounter.

You can also do several things to reduce your risk of getting into an accident if you should encounter black ice:

Do not drive, whenever possible, in conditions that are especially dangerous;

Make sure your vehicle is functioning properly including having the proper tires and tread depth;

Travel with your lights on so you can more easily spot black ice and be more visible to other vehicles;

Drive slowly and keep a safe distance apart from other vehicles;

Do not have any distractions about or around you; and

Make sure your windshield is cleared so you can properly see outside your vehicle.

Using these safety tips and techniques can help you to prevent a winter driving accident and can save you, your family members or others on the road from suffering a serious injury or even death.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

People who are injured in a car, truck, motorcycle or some other type of CT accident generally have questions about their case that are commonly asked of lawyers. Generally speaking, you should contact an experienced personal injury lawyer if you have been injured in any type of an accident so you can have your rights explained to you and so you can be advised as to what you should do and just as importantly, learn what you should not be doing. If you do not need the services of a lawyer then a reputable and experienced accident lawyer can tell you how you should proceed with your case. Often times, an injured party will first speak with an insurance adjuster who will attempt to greatly compromise the injured person’s case by pointing out potential liability problems, will down play the injuries or will try to convince the injured party that they do not need the services of a lawyer. It is very important that you first speak with a lawyer so you do not make any critical mistakes in the handling of your claim that can otherwise greatly reduce the value of your case.

Another question that is frequently asked is how much the lawyer will charge to give advice to the injured party. At Hastings, Cohan & Walsh, LLP we never charge for an initial consultation for any injured party. If we decide to take your case then it will be handled on a contingency fee basis which means we are not paid unless we collect money for you. We also understand that many injured people do not have the money to pay for expert opinions, investigative work, medical records and reports and other expenses which need to be paid to develop the case which is why our firm advances all costs. Those costs are repaid to us at the conclusion of your case out of your recovery. If there is no recovery then you will not owe us for our costs and you will not owe us any legal fees. There is no financial risk for you as our firm takes all of that responsibility so you can concentrate on getting better.

If you cannot leave the hospital, a rehabilitative care facility, your home or some other location then we can meet with you. One of our attorneys can drive to a location selected by you so you can tell our attorney the facts of your case so we can determine how we can best help you. If we decide to take your case we can get started on our investigation immediately and will keep you updated as to our progress. We are very accessible and can be reached at our office, via email and on our cell phones after hours and on weekends if you need immediate answers.

Many times people want to know if they will have to go to court and the answer is statistically; no. Most cases settle without the need to go to trial. In many instances, this will be determined by how well your case is investigated and developed, the strength of your case, your injuries and damages, the experience and reputation of your lawyer or law firm and a number of other factors. You will have many questions as you proceed with your recovery and need to get prompt answers to your important questions. We pride ourselves on being very communicative and responsive. We realize this is a very difficult time made worse by physical pain, economic pressures and fear related to uncertainty. We have been doing this for decades and we know what to do and will be there every step of the way to guide you through this process.

We are sometimes contacted by injured people who are unhappy with their current lawyer or who want to switch lawyers and we are asked if this can be done. This answer is; yes, of course. An injured victim of an accident is free to discharge their current lawyer and hire a new lawyer at any step of the case. If our firm decides to take your case where you were represented by another lawyer, we will have you sign a retainer agreement with our firm and we will then deal directly with your old lawyer to get you file transferred over to our office. You will not have to have any further contact with your prior lawyer. Any fee owed to your old lawyer will be paid by our firm without you having to pay any more money than you would have paid your old firm if you left your file there. In other words, if you later hire our firm it will not cost you any extra money than if you kept your old firm.

If you are looking to hire a lawyer and want to get a sense of who might be a good fit for you then you should do some or all of the following: if the firm offers a free book on injury law, get it and read it (our firm offers such a free book); read the lawyers bio; see what awards or recognition the lawyer or firm received; are any of the lawyers published authors who have received awards (one of our lawyers is a bestselling author); call the firm and speak with one of the lawyers you are interested in hiring and ask all of your questions; schedule a free consultation and get a feel for whether or not this is someone that you want to work with; and conduct whatever other due diligence you deem appropriate.

The most important thing to remember is to contact an attorney as soon as possible so you are protected. So before you hire a lawyer, speak to an insurance adjuster or sign any paperwork, get a copy of our free book “The Crash Course on Personal Injury Claims.” The book, the call and the consultation are all free. Call us at (888) 842-8466 or visit us at www.hcwlaw.com.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

What is my Connecticut accident or injury case worth? This is one of the first questions we are asked at a new client interview by someone who has been recently injured through the fault of another. Recently, there are a number of attorneys who claim to be able to have you input numbers into an injury case evaluator to advise you of the value of your case. If someone claims to be able to tell you the value of your case, right after you have been injured, I would not consider hiring them.

I saw such an evaluation tool online that promised to tell the injured party the value of their case. I knew what they were going to do in advance but was curious to see how they would go about it. I inputted data about an accident including what happened, the current hospital and medical bills and the injuries sustained. I answered all of the questions asked. I received an email response indicating that the attorney, who was on the west coast, wanted to talk to me about my CT accident case.

I responded to the lawyer, via email, that I just wanted to get the value of the case. I was told he needed more information and wanted to speak with me. I emailed him back and asked what else he needed. He responded with additional information that was not previously requested. I responded again with the missing data and asked for the value of the case. I received yet another email indicating that evaluating a case was a complicated situation and that he needed to speak with me. I responded via email that he promised to tell me the value of the case but still had not done so.

I then received another email stating that I needed to speak with this certain attorney in CT who was very highly regarded and would be able to answer my questions. I emailed him back and stated that my only question was what the case was worth. This west coast attorney concluded by stating that I needed to speak with this CT attorney. I knew when I first emailed that lawyer, requesting an evaluation, that I could not and would not be given one because there are far too many variables that are missing at the beginning of a case to give any type of meaningful evaluation of the case’s value.

So if you are injured in an accident one of your first questions should be what can I be doing to help increase the value of my case rather than what is my case worth. Our FREE book “The Crash Course on Personal Injury Claims in Connecticut” will tell you what you can be doing to increase the value of your injury case. We even have a chapter entitled “What is my Case Worth” that tells you what factors go into determining the ultimate value of your case.

So if you want free practical answers to your questions and no nonsense advice on what you should be doing, get our book emailed to you today by visiting www.hcwlaw.com. You can also call us at 888.842.8466 or fill out our online form and we can call you. We will even travel to meet with you if you want. The book, the call and the advice are all free. We will even advance all of your costs and only get paid if we collect money for you. Contact us today.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Automobile accidents account for the leading cause of death for young people ages 16 to 21. A major reason for this tragic statistic is driver inexperience. There are a number of other major factors that combine that lead to these deadly consequences. These factors include immaturity, impulsivity, reckless and thrill seeking behavior, peer pressure, poor judgment, speeding, alcohol and drug use, distracted driving and failure to abide by the law.

Parents can help to reduce teen driving accidents by becoming a partner in educating their teen about the great importance in following parent mandated rules and regulations regarding the operation of a motor vehicle. Driver training and education, between the parent and teen, should also be an ongoing exercise to constantly educate teens about new driving situations and reinforce good driving habits already taught to them.

An important consideration for parents to remember about their teen is the fact that a teenagers brain is not yet fully developed and that their brains process information differently than adult brains. As a result something that might seem quite obvious to an adult might not register as such with a teenager. Teens often do not think in advance about the consequences of their actions the way a more mature adult might.

One of the best teaching techniques a parent can utilize with their teen is to be a good role model in how they operate a motor vehicle. You should always use your seat belt before driving your vehicle and insist that all occupants do so before proceeding. Always try and anticipate situations that your teen might have to drive in where they have little experience for example night driving which presents a different set of challenges, driving in the rain or on wet surfaces, snow and ice, especially black ice, and other extreme weather situations.

Unfortunately, despite our best efforts teen driving accidents occur that can result in a variety of injuries from minor soft tissue type problems to broken bones to fatal accidents. If you or a loved one have been involved in a teen driving accident it is important to get properly advised as to your rights and determine what you should be doing and as importantly, what you should not be doing. We have been answering questions, advising clients and representing injured parties for decades. Contact us today to get our FREE book, “The Crash Course on Personal Injury Claims.” Visit us at www.hcwlaw.com or call us toll free at 888. 842.8466. Let us answer your questions.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

Connecticut car, truck, motorcycle and other motor vehicle accidents can leave victims with very serious and sometimes fatal results. Our experienced team of personal injury and accident lawyers and wrongful death attorneys can get to work on your case right away to immediately investigate the facts of your case including the causes of the accident, determine what parties are responsible for your injuries, find out what insurance coverages are available and develop alternate theories of liability all in an effort to help maximize the amount of money we can recover for you. We are here to answer your questions and to fully explain your rights to you. So before you hire a lawyer, speak to an insurance adjuster or sign any paperwork, order a copy of our FREE book, “The Crash Course on Personal Injury Claims.”

Our award winning firm can help you with any type of motor vehicle accident including but not limited to:

Drunk Driving Accidents

Teen Driver Accidents

Elderly Driving Accidents

Snow and Ice Accidents

Failure to Stop at Stop Lights or Stop Sign Accidents

Pedestrians Hit by Cars

Bicyclists Hit by Motor Vehicles

Motorcyclists Hit by Cars

Failure To Yield Right of Way Accidents

Multiple Motor Vehicle Accidents

Rear End Collisions

Accidents Involving Racing Drivers

Uninsured Motorist Accidents

Underinsured Motorist Accidents

Intersection Accidents

Highway Accidents

Defective Roadway Accidents

Road Rage Accidents

Left Hand Turn Accidents

Reckless Driving Accidents

Hit and Run Accidents

Defective Equipment Accidents

Distracted Driving Accidents

Texting Accidents

Cell Phone Accidents

Driver Fatigue Accidents

Improper Licensing or No License Accidents

Improper Lane Change Accidents

Accidents Involving Drug Usage

Parking Lot Accidents

Accidents Involving Vehicles Backing Up

All Other Types and Causes of Motor Vehicle Accidents

No matter what type of accident you have or what injuries you sustain we can help you to maximize the amount of money you can recover for your case. If you delay in contacting an experienced personal injury lawyer you could harm your case by not getting much needed information which might otherwise not be available. Contact us today by filling out our online form, calling us toll free or by scheduling an appointment to see us, we will even travel to meet with you. Tell us about your case so we can explain your rights to you and tell you what to do and advise you what not to do. Our consultations are always free. The call is free. We handle all accident and injury cases under a contingency fee agreement where we are not paid unless we collect money for you. We also advance all costs of investigating and developing your case. We never ask you for money. All fees and costs are paid after we collect money for you. If there is no recovery you owe us no fees and no costs. You have no financial risk in hiring us. You concentrate on getting better. Let us handle everything else! Visit us at www.hcwlaw.com or call us toll free at 888.842.8466.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

What happens when you are seriously injured, allegedly by the negligence of another, but you are unable to produce any direct evident of the fault of a third party? Would Connecticut law allow you to prevail in such a case?

Enter the doctrine of res ipra loquitor, Latin for “the thing speaks for itself”, which is a legal theory that permits a jury to infer negligence when no direct evidence of negligence has been introduced.

The Connecticut Supreme Court has held that the doctrine of res ipra loquitor applies only when two prerequisites exist. Those requirements are: first, the situation, condition or apparatus causing the injury must be such that in the ordinary course of events, no injury would have occurred unless someone had been negligent; and second, at the time of the injury, both inspection and operation must have been in control of the party charged with neglect.

If both of these prerequisites are satisfied, a fact finder (a Judge or jury), may properly conclude that it is more likely than not that the injury in question was caused by the defendant’s negligence. Giles v. New Haven (1997).

In Giles, the plaintiff was an elevator operator who was injured in an elevator accident. The plaintiff sued for failing to properly inspect, maintain and repair the offending elevator. The plaintiff did not present any direct evidence of these claims but instead relied upon the doctrine of res ipsa loquitor. Our Supreme Court held that the plaintiff presented sufficient evidence to warrant presentation of the question of negligence, under the doctrine of res ipra loquitor, to the jury.

Other Connecticut cases where the doctrine has been held to apply involve: the cable of an amusement park ride that broke, which threw the plaintiff to the ground; a woman passing by a store who was injured when glass from the store’s window fell upon her; a person who was injured when a suitcase fell from a baggage rack onto her head; a wheel came which came off a truck and struck an indiviual who was walking on the sidewalk; and a person in a hospital waiting room had a TV fall onto her head and injure her.

It should be stressed that every case is fact specific and must be viewed in the totality of the circumstances but if you are injured and have no direct proof of negligence, you still might be able to prevail in your claim under the theory of res ipsa loquitor.

Bridgeport, Norwalk, Danbury, Ridgefield, Stamford, Connecticut

If you have been involved in a Waterbury, Connecticut car accident case you
should have a number of questions that need to be answered right away. Get
those answers now from attorneys who have decades of experience in obtaining
money damages for injured people.

You should be aware that studies have shown that experienced lawyers can negotiate settlements and obtain judgments that are many times higher than what the injured parties can negotiate for themselves. In other words, in most cases, you will do better after paying the lawyer than you would if you attempted to negotiate your own settlement with insurance company claims adjusters. Your personal injury case could be fraught with many different complications and issues which would make handling your case without hiring a lawyer very difficult. An example of one of those types of issues might include:

JOINT AND SEVERAL LIABILITY

The doctrine of joint and several liability holds that a number of defendants who engaged in separate and independent acts of negligence that combined to cause a single injury are held to be jointly and severally liable. In other words, if one party was 1% at fault and the other parties were 99% at fault, the party who was 1% at fault could be held responsible for 100% of the damages suffered by the injured party.

The law of joint and several liability varies from state to state. A number of states have somewhat complicated variations or modifications of this rule.

After your car accident or personal injury, it is important that
you get accurate and prompt legal advice. You need answers to your important
questions so you take the necessary steps to develop your case. Injured
parties call us with many legal questions and accident related issues, which
is why we wrote the book “The Crash Course on Personal Injury Claims in
Connecticut”. Contact us today at www.hcwlaw.com or call us toll free at
(888) 842-8466 to get a FREE copy of our book. You have questions, we have
the answers. Do not speak to anyone from the insurance company, do not hire
an attorney and do not sign any papers until you read our free book. Don’t
delay. Get the information you need today.